Orissa High Court
Kumar Debadutta vs ) State Of Odisha ..... Opposite Parties on 10 April, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.2203 of 2024
Kumar Debadutta ..... Petitioner
Represented By Adv. -
Rama Chandra Jena
-versus-
1) State Of Odisha ..... Opposite Parties
2) The Secretary To Govt., Home Represented By Adv. -
Dept. Mr. Bijay Kumar Dash
3) Chairman
Secretary, Odisha Public Service
Commission
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
Order No. ORDER
10.04.2024
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel appearing for the OPSC. Perused the Writ Petition as well as
the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"The petitioner, therefore, prays that Your Lordship's
may graciously be pleased to admit the writ application,
call for the records and after hearing the parties, allow
the same and issue a writ in the nature of
Certiorari/Mandamus or any other or further
writ/writ(s), direction/directions directing the opp.party
Page 1 of 4.
no.3 Chairman OPSC to re-evaluate the General
Awareness Answer scripts of the petitioner and award
marks in respect of question no.22,37,44,72 and 27 as
the petitioner award correctly and further direct the
OPSC to call him for skill test in computer thereafter
recommends his name as successful candidate for
recruitment to the post of Assistant Section Officer
pursuant to advertisement no.26 of 2021 -22 against the
unfulfilled vacancy or prepared a fresh merit list
quashing notice no.9552 dated 30.12.2023 at Annexure -
1 for the interest of justice.
And pass any other order(s), direction(s) as this
Hon'ble Court may deems fit and proper in the facts and
circumstances of the case."
4. Learned counsel for the Petitioner submitted that pursuant to
an advertisement dated 31.12.2021 under Annexure-1 to the Writ
Petition, two Petitioners submitted their candidatures along with
other eligible candidates. The last date for submission of on line
application was 25.02.2022. Thereafter, the Written Examination
was held after the same was postponed and the Written Examination
conducted by the OPSC through offline mode on 27.08.2022. The
Petitioner participated in such written examination. On 07.11.2022
the result of such written examination was published by the OPSC
and a provisional merit list was prepared on the basis of the mark
secured by the candidates in such written examination. Learned
counsel for the Petitioner further contended that it was only on
09.01.2024the OPSC published the answer key in its official website after downloading the said answer key the Petitioner verified the same and consulted various subject experts and ultimately it was found that some of the key answers are wrong. He further contended Page 2 of 4. that although the Petitioners have given the correct answers, however on the basis of answer key they have not awarded the marks.
5. Learned counsel for the Petitioner further contended that the Petitioner thereafter approached in person the OPSC and tried to ventilate his grievance, however they have not been given opportunity. Being aggrieved by the conduct of the OPSC, the Petitioner has approached this Court by filing the present Writ Petition.
6. Mr.Arnab Behera, learned counsel for the OPSC on the other hand contended that the examination was conducted as per the Rules and the terms of the advertisement. He further contended that the questions were set by subject experts by the OPSC. It was also contended that after a detailed discussion with the experts and after preparing a list of the candidates who have been evaluated on the basis of such key answers. Therefore, the Opposite Parties have not committed any illegalities in the matter. He further submitted in the event the Petitioners have any grievance the Petitioners shall approach the OPSC taking therein all the grounds along with the documents in support of his contentions and such grievance shall be considered by the OPSC within a stipulated period of time in accordance with law.
7. Considering such submissions of the learned counsels for the respective parties, on careful examination of the materials on record as well as keeping in view the limited nature of grievance, this Court deems it proper to dispose of the Writ Petition at the stage of admission by granting liberty to the Petitioners to approach the OPSC-Opposite Party No.2 within a period of 10 days by filing a detailed representation taking therein all the grounds along with the Page 3 of 4. documents in support of their contentions In such eventuality, the Opposite Party No.2 shall consider the same in accordance with law and the Rules, Further, OPSC shall do the needful in the matter as per law under intimation to the Petitioners. Before parting, this Court further observes that in the event the Opposite Party No.2 convinced with the grievance of the Petitioners, another notice be published inviting objection from the candidates and such objection be placed before the Expert committee for evaluation which would not cause any prejudice to any of the candidates for not being selected and have not approached this Court in the meantime.
8. With the aforesaid observation/direction the Writ Petition stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra ) Judge Rubi Signature Not Verified Page 4 of 4. Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 15-Apr-2024 11:01:17